PPA-170-2182 - Land Opposite Queensberry Brae, Thornill - Hearing - Monday 16 June 2025, 10:00am - DPEA Webcasts

Planned

1. 1. Is it agreed that both planning permission 09/P/3/0355 and planning permission 18/0429/PIP have expired/lapsed?
2. 2. Is it agreed that planning permission 23/0452/S42 is a new planning permission, superseding the previous planning permissions for the site?
3. 3. What access is approved by planning permission 23/0452/S42? When discussing please refer to the plans and documents before the reporter.
4. 4. Please explain how the plans referred to in conditions 3 and 6 of planning permission 23/0452/S42 are superseded by a non-material variation that related to a different planning permission and was agreed prior to planning permission 23/0452/S42 being granted?
5. 5. Condition 3 provides that the layout is to incorporate various features unless otherwise agreed in writing with the planning authority, one of which is that the access to the site from Kinnel Street will be provided in accordance with the details outlined in drawings 73693-1929 Rev B, 73693-1021 Rev B, 73693-1022 Rev A and 73693-1023. Does the application for the approval of matters specified in conditions, which is the subject of this appeal, comply with this? If not, does that matter? How should the reporter deal with any non-compliance?
6. 6. Similarly condition 6 provides that the landscaping scheme is to incorporate various features unless otherwise agreed in writing with the planning authority, one of which is that the landscaping of the access to the site from Kinnel Street is to be in accordance with the details outlined in drawings 1107E-300 Rev P01 and 1107E-700 Rev P01. Again if the application for the approval of matters specified in conditions does not comply with this, does that matter? Again how should the reporter deal with any non-compliance?
7. 7. The council has recommended an additional condition should the reporter be minded to grant the appeal. Does this meet the tests set out in Planning Circular 4/1998: the use of planning conditions in planning permission? How would this rectify any non-compliance with the conditions?
8. 8. Discussion on Mr Formstone’s written submission to the council in so far as not already dealt with above.
9. 9. Discussion on Mr Craig’s email to the council of 8 August 2024 in so far as not already dealt with above.